The applicant herein prays for modification of the order dated 12th April, 2012 passed by the learned 4th Additional Sessions Judge, Anand passed in Sessions Case No.77 of 2009 and thereby seeks to have release of his passport for the purpose of visiting United States of America (USA) for a period of one year.
2. In the facts and circumstances of the case and by consent of learned advocates appearing for the respective parties, present application is taken up for its final consideration today itself.
2.1 Rule.
Learned Additional Public Prosecutor Mr.L.R. Pujari waives service of notice of Rule on behalf of respondent No.1-State and learned advocate Ms.Manish Luvkumar Shah waives service of notice of Rule on behalf of respondent No.2.
3. The applicant was involved in the offence under Sections 143, 147, 148, 149, 201, 302, 307, 332, 325, 324, 395, 397, 435, 436, 295, 297 of the Indian Penal Code, 1860 and Section 135 of the Bombay Police Act, for which at the relevant time, First Information Report at Crime Register No.23 of 2002 was registered with Khambholaj Police Station. The applicant was granted anticipatory bail and thereafter regular bail by the learned Additional Sessions Judge, Kheda camp at Anand. The applicant was granted bail subject to fulfillment of conditions, one of which was that he will not leave the limits of State of Gujarat. He was tried in Sessions Case No.77 of 2009 and came to be acquitted by common judgment and order dated 12th April, 2012. While recording the acquittal, the trial Court ordered that those acquitted, whom included the present applicant, shall not leave territory of State of Gujarat till appeal period is over and also surrender their passport. The relevant facts of the said judgment and order is produced on record by the applicant.
3.1 It is the case of the applicant that he is permanent resident of USA having Permanent Resident Card known as Green Card, and he is also allotted Social Security Card. He has pleaded that in order to keep his Green Card alive, he is required to go to USA before expiry of every 11 months. In the application, the applicant has set-out in details the facts about he having paid visit to USA on several occasions. It is his case that during the period when he was facing trial, he was permitted by the Court to travel out of State and to travel abroad also. In December, 2005, it was stated, he had applied for Immigrant Visa and in that connection, his prayer for going to USA was ultimately granted. Permission to go to USA by this Court by passing order in Criminal Miscellaneous Application No.15257 of 2005. Subsequently also, the applicant was allowed to go to USA upon permission granted by this Court as per order dated 19th June, 2010 passed in Criminal Miscellaneous Application No.59 of 2010 and again as per order dated 01st June, 2011 passed in Criminal Miscellaneous Application No.7225 of 2011. The applicant has submitted that then on various occasions for the period permitted by Court's order, he visited abroad and also complied the conditions imposed by the Court. Lastly he visited USA from 15th May, 2012 to 06th June, 2012 as permitted by this Court vide order dated 14th May, 2012 passed in Criminal Miscellaneous Application No.6283 of 2012. On return, he has redeposited his passport in question bearing No.H3299339.
3.2 It is the further case that similarly, the applicant moved application being Criminal Miscellaneous Application No.120 of 2012 before the Court below with a prayer to release passport as he is needed to go to USA. Learned 4th Additional Sessions Judge, Anand on 30th October, 2012 rejected the said application, giving rise to the instant Revision Application.
4. Learned advocate for the applicant Mr.Tejas Barot on the basis of above facts and the averments made in the application, submitted that if the condition is not modified and applicant is not allowed to go to USA, his Green Card would ceases to be valid. It was submitted that the applicant is law abiding citizen. He is also ready to abide by conditions which may be imposed, it was submitted.
4.1 Learned advocate Ms.Manisha Luvkumar Shah opposed the prayer and submit that the applicant cannot be permitted to go abroad for one year since the only purpose is to renew the Green Card. It was submitted that since the applicant has prayed for one year to go to abroad, his intention may not be to return back. It was submitted without prejudice to the first contention that in any case if the Court was to consider the prayer of the applicant, stringent conditions should be imposed. She submitted that the applicant may also be directed to deposit Rs.10,000/- (Rupees Ten Thousand Only) as security.
5. Having considered the facts and having considered the submissions by both the sides, it is seen that the track-record of the applicant is good as in past he was permitted to travel USA for the very purpose and he has on each occasions returned back in time. At that time, he was also facing trial. Now trial is over and he is acquitted, but having been subjected to condition as aforesaid, unable to go to USA. Purpose of visiting USA is to ensure that Green Card does not go invalid. Therefore, it will be reasonable that the applicant is permitted to visit the said foreign country for not more than three months. The release of passport and permission to go to United States of America, as above, shall be subject to following conditions to be observed by the applicant:
(a) the applicant shall deposit Rs.10,000/- (Rupees Ten Thousand Only) by way of security before the Trial Court;
(b) the applicant shall file undertaking before this Court stating therein about deposit of Rs.10,000/- as per condition No.(a) hereinabove;
details of his itinerary for visit and stay to USA;
name and address of person/relative where he will be staying/intends to stay during his visit with telephone numbers and other details;
shall not stay for more than three months in USA and return to India before expiry of the said period.
(c) the applicant shall also file necessary undertaking to the above effect incorporating all the details as above before the Trial Court annexing copy of undertaking, which shall be filed before this Court, upon which the Trial Court shall release the passport of the applicant bearing No.H3299339.
6. In view of above, the condition imposed vide judgment and order dated 12th April, 2012 of learned 4th Additional Sessions Judge, Anand in Sessions Case No.77 of 2009 regarding not to leave territory of the State of Gujarat and regarding deposit of passport qua the applicant herein shall stand modified during the above period of applicant's visit to USA for three months as permitted hereinabove.
7. Accordingly the application is partly allowed. It is directed that the passport of the applicant bearing No.H3299339 shall be released and the applicant is permitted to travel to United States of America and stay there for not more than three months from the date of his leaving India. It is further directed that he shall return to India before expiry of three months. Rule is made absolute to the aforesaid extent only.
(N.V.ANJARIA, J.) Anup Page 6 of 6